Terminated from job can I get unemployment benefits through NYS Department of Labor?
I was terminated from my warehouse job last Friday after working there for 8 months. My supervisor said it was due to attendance issues but I only missed 3 days in the past two months and I had doctors notes for 2 of them. I'm not sure if this counts as being fired for misconduct or if I can still file for unemployment with NYS Department of Labor. Has anyone been in a similar situation? What are my chances of getting approved?
10 comments


Aisha Rahman
You can definitely apply for unemployment benefits even if you were terminated. NYS Department of Labor will investigate the circumstances of your termination during the adjudication process. Since you have documentation for most of your absences, that works in your favor. The key is whether they consider it misconduct - attendance issues alone don't automatically disqualify you unless it was willful disregard of company policy.
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Mateo Perez
•Thanks! Should I mention the doctors notes when I file my claim? I still have copies of them.
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CosmicCrusader
same thing happened to me last year, got fired for being late too many times but still got my benefits after like 6 weeks of waiting
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Ethan Brown
File your claim immediately on the NYS Department of Labor website at labor.ny.gov. Don't wait thinking you might not qualify - let them make that determination. During the application process, be honest about being terminated but explain your side with the documentation you have. The worst they can do is deny it, but many terminations still qualify for UI benefits.
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Yuki Yamamoto
•What if the employer fights it though? Mine is definitely going to say I was fired for cause even though it wasn't really my fault.
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Ethan Brown
•Even if they contest it, you'll get a chance to present your evidence during a hearing. That's where your doctors notes will be really important. NYS Department of Labor looks at the whole situation, not just what the employer claims.
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Carmen Ortiz
The unemployment system is such a joke. They'll make you jump through hoops for months while you can't pay rent. But yeah definitely apply anyway because you never know.
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Andre Rousseau
I had a nightmare trying to reach anyone at NYS Department of Labor when my claim went into adjudication after being terminated. Spent weeks calling and either getting busy signals or being hung up on after waiting hours. Finally used this service called Claimyr (claimyr.com) that actually got me through to a real person. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Made all the difference in getting my case resolved quickly.
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Mateo Perez
•How does that work exactly? Do they just call for you or what?
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Zoe Papadakis
•Yeah I'm curious too, seems too good to be true lol
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